Supreme Court Praises ED for Restoring Flats to Innocent Homebuyers in Real Estate Scam
The Supreme Court has lauded the Directorate of Enforcement (ED) for its efforts in restoring properties to protect innocent homebuyers who were defrauded in a real estate scam. This move ensures the protection of genuine investors in the Royal Rajvilas housing project in Udaipur, Rajasthan.
Real EstateSupreme CourtHomebuyersEdPmlaReal Estate NewsOct 15, 2025
“We record our appreciation for the efforts made by the Directorate of Enforcement in restoring the attached assets so as to protect the rights of genuine and innocent homebuyers,” the Court observed.
The case pertains to the Royal Rajvilas housing project in Udaipur, Rajasthan, which is under a Corporate Insolvency Resolution Process. A case under the Prevention of Money Laundering Act (PMLA) was also initiated, and several flats were provisionally attached by the ED. However, to grant relief to the innocent homebuyers, the ED agreed to restore the properties to M/s Udaipur Entertainment World Pvt Ltd, the successful resolution applicant.
In view of this, the Court partially set aside the Provisional Attachment Order (PAO) No. 05/2019 issued by the ED under the Prevention of Money Laundering Act, 2002 (PMLA), and directed that the attached properties be handed over to Udaipur Entertainment World Pvt. Ltd., which had stepped into the shoes of the corporate debtor solely to protect the interests of homebuyers. As per the ED, the attached properties have a present market value of about Rs. 175 Crore.
The order, passed under the second proviso to Section 8(8) of the PMLA, clarifies that the restitution was being made without adjudicating on the merits of the parties' contentions. However, the attachment will continue in respect of 11 specific units in the Royal Rajvilas project identified in the ED's additional affidavit dated October 7, 2025. These units, valued at about ₹8.65 crore, were allegedly purchased using proceeds of crime.
Further, invoking Section 32A of the Insolvency and Bankruptcy Code (IBC), the Court directed that the name of the corporate debtor be removed from the list of accused in the third supplementary prosecution complaint filed by the ED in February 2025. It clarified that the prosecution and confiscation proceedings would continue against the erstwhile directors, conspirators, and abettors involved in the offence.
At the same time, the Bench left open the ED's right to take action if, during its ongoing probe into the Syndicate Bank fraud, any other units booked by homebuyers are found to be linked with tainted money. The Court also stated that the benefit of Section 32A of the IBC would hold good only if the resolution applicant is not connected to the former promoters or beneficiaries of the alleged proceeds of crime. If any such link emerges during the investigation, the ED will be free to challenge the resolution plan.
With this order, the ED's challenge to the approval of the resolution plan by the National Company Law Tribunal (NCLT), Mumbai, was formally closed. The agency was also directed to withdraw its pending appeal before the PMLA Appellate Tribunal (FPA-PMLA-3275/JP/2019) and to inform authorities immediately to facilitate the registration of sale deeds for the restored properties.
The Court made it clear that its directions were confined to the facts of the present case and would not operate as a precedent. It disposed of the connected writ petition pending before the Rajasthan High Court, Jaipur Bench.
Concluding the proceedings, the Bench recorded: “We place on record our appreciation for the efforts made by the learned counsel for the parties and the Directorate of Enforcement in restoring the attached properties to secure the interests of genuine and innocent homebuyers.”
Frequently Asked Questions
What is the Royal Rajvilas housing project?
The Royal Rajvilas housing project is a real estate development in Udaipur, Rajasthan, which was involved in a fraud case and is currently under a Corporate Insolvency Resolution Process.
Why did the Supreme Court appreciate the ED?
The Supreme Court appreciated the ED for its efforts in restoring properties to protect the rights of genuine and innocent homebuyers who were defrauded in the real estate scam.
What is the Prevention of Money Laundering Act (PMLA)?
The Prevention of Money Laundering Act (PMLA) is a law in India aimed at preventing money laundering and providing for the confiscation of property derived from, or involved in, money-laundering.
What is the Insolvency and Bankruptcy Code (IBC)?
The Insolvency and Bankruptcy Code (IBC) is a law in India that provides a time-bound process for insolvency resolution of companies and individuals.
What is the value of the attached properties in the Royal Rajvilas project?
The attached properties in the Royal Rajvilas project have a present market value of about Rs. 175 Crore.
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